Case details

Court: nysd
Docket #: 1:12-cv-00126
Case Name: Digital Sin, Inc. v. John Doe 25
PACER case #: 390249
Date filed: 2012-01-06
Date terminated: 2013-02-04
Date of last filing: 2013-02-05
Assigned to: Judge Alison J. Nathan
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Digital Sin, Inc.
Plaintiff
 
Mike Meier
The Copyright Law Group, PLLC
4000 Legato Road, Suite 1100
Fairfax, VA 22033
888-407-6770
Fax: 703-546-4990
Email: mike.meier.esq@copyrightdefenselawyer.com
ATTORNEY TO BE NOTICED
Does 1-176
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-01-06 1 0 Complaint COMPLAINT against Does 1-176. (Filing Fee $ 350.00, Receipt Number 465401026296)Document filed by Digital Sin, Inc..(rdz) (Additional attachment(s) added on 1/12/2012: # (1) Ex. A, # (2) Ex. C, # (3) Ex. D) (ama). 2012-01-12 19:30:04 c40ae2dfe181ee9444e77c33eae92a9b66e5ea5b
1 1 Ex. A 2012-03-07 21:30:19 d3c67986340a5599d73ae9cfe11bb987f2b26c8f
1 2 Ex. C
1 3 Ex. D
2012-01-10 2 0 Motion for Discovery MOTION for Discovery prior to Rule 26(f) conference. Document filed by Digital Sin, Inc..(Meier, Mike) 2012-03-19 12:58:06 7a2918dff563a62a4937fa6b15225e3b8fdd2915
2012-01-10 3 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: [2] MOTION for Discovery prior to Rule 26(f) conference.. Document filed by Digital Sin, Inc.. (Meier, Mike) 2012-03-19 12:58:34 b8c5abe56cc7a148d5090deb28aeac9920e3c05d
2012-01-10 4 0 Declaration in Support of Motion DECLARATION of Jon Nicolini in Support re: [2] MOTION for Discovery prior to Rule 26(f) conference.. Document filed by Digital Sin, Inc.. (Attachments: # (1) Exhibit, # (2) Exhibit)(Meier, Mike)
4 1 Exhibit
4 2 Exhibit
2012-01-17 5 0 Scheduling Order SCHEDULING ORDER: Counsel for Digital Sin, Inc. is directed to be available by phone for a conference with the Court regarding its ex parte application for expedited discovery at 3:00 PM on January 17, 2012. The Court will call counsel at a telephone number provided by counsel to the Court to initiate the conference. This conference may not be adjourned without direction from the Court. All mail and telephone calls concerning the calendar status of this action must be directed to the courtroom deputy, Ms. Sayra DeCasseres, at (212) 805-4505. Any requests for interpreters must be made at least 24 hours in advance of the hearing at which such services are required by calling the Interpreters Office at (212) 805-0084. Should counsel for Plaintiff become aware of the identities of any of the John Doe defendants prior to the time of the conference, it shall be the responsibility of Plaintiff's counsel to alert those defendants about the conference and to notify the Court. Telephone Conference set for 1/17/2012 at 03:00 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 1/17/2012) (js) 2012-03-19 13:00:13 ee4fba08ac8a54bfb33df325848e278ba1940ef2
2012-01-30 6 0 Memorandum & Opinion OPINION AND ORDER PERMITTING LIMITED EXPEDITED DISCOVERY PURSUANT TO A PROTECTIVE ORDER: #101348 IT IS HEREBY ORDERED that Digital Sin may immediately serve a Rule 45 subpoena on the ISPs listed in Exhibit A to the Complaint to obtain information to identify Does 1-176, specifically her or his name, address, MAC address, and email address. The subpoena shall have a copy of this order attached. IT IS FURTHER ORDERED that the ISP will have 60 days from the date of service of the Rule 45 subpoena upon them to serve Does 1-176 with a copy of the subpoena and a copy of this order. The ISPs may serve Doe 1-176 using any reasonable means, including written notice sent to her or his last known address, transmitted either by first-class mail or via overnight service.IT IS FURTHER ORDERED that Does 1-176 shall have 60 days from the date of service of the Rule 45 subpoena and this Order upon her or him to file any motions with this Court contesting the subpoena (including a motion to quash or modify the subpoena), as well as any request to litigate the subpoena anonymously. The ISPs may not turn over the Doe defendants' identifying information to Digital Sin before the expiration of this 60-day period. Additionally, if a defendant or ISP files a motion to quash the subpoena, the ISPs may not turn over any information to Digital Sin until the issues have been addressed and the Court issues an Order instructing the ISPs to resume in turning over the requested discovery. IT IS FURTHER ORDERED that if that 60-day period lapses without a Doe defendant or ISP contesting the subpoena, the ISPs shall have 10 days to produce the information responsive to the subpoena to Plaintiff. A Doe defendant or ISP who moves to quash or modify the subpoena, or to proceed anonymously, shall at the same time as her or his filing also notify all ISPs so that the ISPs are on notice not to release any of the Doe defendants' contact information to Plaintiff until the Court rules on any such motions. IT IS FURTHER ORDERED that the subpoenaed entity shall preserve any subpoenaed information pending the resolution of any timely-filed motion to quash. IT IS FURTHER ORDERED that an ISP that receives a subpoena pursuant to this order shall confer with Digital Sin and shall not assess any charge in advance of providing the information requested in the subpoena. An ISP that receives a subpoena and elects to charge for the costs of production shall provide a billing summary and cost report to Plaintiff. IT IS FURTHER ORDERED that Digital Sin shall serve a copy of this Opinion and Order along with any subpoenas issued pursuant to this order to the listed ISPs. IT IS FURTHER ORDERED that any information ultimately disclosed to Digital Sin in response to a Rule 45 subpoena may be used by Digital Sin solely for the purpose of protecting Digital Sin's rights as set forth in its complaint. (Signed by Judge Alison J. Nathan on 1/30/2012) (djc) Modified on 1/30/2012 (djc). Modified on 1/30/2012 (jab). 2012-03-24 20:47:34 b4fd9c32143044bdbd43e2304dde6aa28cf54344
2012-03-28 7 0 Memorandum of Law in Support MEMORANDUM OF LAW in Support of John Doe's Motion to Sever defendants et al. Document filed by Does 1-176. (cd) 2013-04-15 18:43:00 fdb7c75b2c514e0e96d26959bf48521fbdd6ed21
2012-04-06 8 0 Memorandum of Law in Opposition MEMORANDUM OF LAW in Opposition re: [7] Memorandum of Law in Support (Opposition to Motion by Unknown John Doe, not identified by Doe Number or IP address). Document filed by Digital Sin, Inc.. (Meier, Mike) 2013-04-15 19:01:13 250af5f323e12431fec2b9e46afda6d86e0892d7
2012-04-06 9 0 Declaration in Opposition DECLARATION of Technology Declaration by Jon Nicolini in Opposition. Document filed by Digital Sin, Inc.. (Attachments: # (1) Exhibit Supporting Exhibits)(Meier, Mike) 2012-04-09 12:21:38 c3b0eade1081ecd9f343207f3f11416a8f1c6aef
9 1 Exhibit Supporting Exhibits
2012-04-08 10 0 Motion for Extension of Time MOTION for Extension of Time to Serve Defendants (Rule 4m). Document filed by Digital Sin, Inc..(Meier, Mike)
2012-04-13 11 0 Order ORDER. The motion to sever (Docket #8) is DENIED for the reasons explained in the Court's Opinion and Order dated January 30, 2012 (Docket #6). (Signed by Judge Alison J. Nathan on 4/13/2012) (rjm) 2012-04-17 13:47:01 0365f9bee864098fdb8681c977a7ecfb7c4062a6
2012-04-13 12 0 Order on Motion for Extension of Time MEMO ENDORSEMENT on PLAINTIFF'S APPLICATION PURSUANT TO RULE 4(m) FOR ENLARGEMENT OF TIME TO SERVE DEFENDANTS, AS WELL AS STATUS REPORT. In view of the foregoing, Plaintiff requests that the Court enlarge the time for Plaintiff to serve defendants by an additional 120 days, and as further set forth. ENDORSEMENT: So ordered. Granting [10] Motion for Extension of Time. (Signed by Judge Alison J. Nathan on 4/11/2012) (rjm) 2012-04-17 13:48:45 6f0eca4d1287e6bdd84baadc12415ba41efc9fb6
2012-04-30 13 0 Letter Letter from Doe 157 dated 4/23/12 re: Defendant states that an IP address is obtainable by the general public by such means as a simple instant messaging chat or other means. Document filed by Doe 157.(mro) 2012-05-07 07:47:54 73282a98a462fa905627446ce375e077366994f1
2012-05-03 14 0 Memorandum of Law in Opposition MEMORANDUM OF LAW in Opposition re: [13] Letter (John Doe 157). Document filed by Digital Sin, Inc.. (Meier, Mike) 2012-05-07 07:51:15 e3efd4efdb2747ac5101bff10ef344c946ffb724
2012-05-14 15 0 Notice (Other) NOTICE of Fed. R. Civ. P. 41(a) Dismissal With Prejudice of Specific Doe Defendant(s), Namely Doe(s) 3, 5, 9, 21, 102, 118, 164, 165. Document filed by Digital Sin, Inc.. (Meier, Mike)
2012-05-14 16 0 Notice (Other) NOTICE of Fed. R. Civ. P. 41(a) Dismissal Without Prejudice of Specific Doe Defendant(s), Namely Doe(s) 24. Document filed by Digital Sin, Inc.. (Meier, Mike) 2012-05-21 11:54:40 492b31d64047fa22b1860a4d9379a24534eccdaf
2012-09-20 17 0 Motion to Seal Document FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Seal Document (documents that identify the John Doe to be named individually in this case). Document filed by Digital Sin, Inc. (Attachments: # (1) Supplement Memorandum)(Meier, Mike) Modified on 9/21/2012 (db).
2012-09-20 18 0 Notice of Voluntary Dismissal DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Does 1-176. Document filed by Digital Sin, Inc.. (Meier, Mike) Modified on 9/21/2012 (dt).
2012-09-21 19 0 Motion to Seal Document MOTION to Seal Document. Document filed by Digital Sin, Inc..(Meier, Mike)
2012-09-21 20 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: [19] MOTION to Seal Document. (documents that identify the John Doe to be named individually in this case).. Document filed by Digital Sin, Inc.. (Meier, Mike)
2012-09-21 21 0 Notice of Voluntary Dismissal - Signed NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) OF REMAINING JOHN DOES, EXCEPT FOR JOHN DOE 25 (C.E.), AND STATUS REPORT: Plaintiff will file a motion for leave to file under seal for the Amended Complaint to protect the identity of John Doe 25. Plaintiff resolved the matter with 11 of the John Does. Plaintiff thus voluntarily dismisses the remaining John Does without prejudice, except for John Doe 25. Plaintiff will file an Amended Complaint against John Doe 25 and serve this John Doe by September 26, 2012, as required by the Court's Order of 4/11/2012. (Signed by Judge Alison J. Nathan on 9/21/2012) (ft) Modified on 9/24/2012 (ft).
2012-09-27 22 0 Amended Complaint AMENDED COMPLAINT amending [1] Complaint.Document filed by Digital Sin, Inc. Related document: [1] Complaint filed by Digital Sin, Inc. (lmb)
2012-10-01 23 0 Order on Motion to Seal Document ORDER granting [19] Motion to Seal Document. Plaintiff moves to file its forthcoming amended complaint and any other document identifying Doe # 25 under seal (Docket # 19). Plaintiff explains that "other courts have suggested such procedure to protect the privacy of John Does in this type of copyright infringement case." This Court's Order of January 30, 2012 (Docket# 6), provided Defendants in this case a sixty day window to move to proceed anonymously prior to their names being turned over to Plaintiffs counsel. Although the Court has not received any such motion on behalf of Doe # 25, the Court grants Plaintiff permission to redact any information identifying Doe # 25 from its amended complaint and any other materials that Plaintiff submits within fifty days of the date of this Order. If after fifty days from the date of this order Doe # 25 does not move to proceed anonymously or pseudonymously, Plaintiff shall file an unredacted version of its amended complaint and all other subsequent filings. (Signed by Judge Alison J. Nathan on 10/1/2012) (lmb) Modified on 10/1/2012 (lmb). Modified on 10/1/2012 (lmb).
2012-11-26 24 0 Order for Initial Pretrial Conference NOTICE OF INITIAL PRETRIAL CONFERENCE: that a Initial Conference is set for 1/18/2013 at 10:30 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Alison J. Nathan. Additional relief as set forth in this Order. (Signed by Judge Alison J. Nathan on 11/26/2012) (pl)
2012-12-26 25 0 Request to Enter Default REQUEST TO ENTER DEFAULT against C. E.. Document filed by Digital Sin, Inc.. (Attachments: # (1) Affidavit)(Meier, Mike)
2013-01-03 26 0 Affidavit of Service Complaints AFFIDAVIT OF SERVICE. John Doe 25 served on 9/26/2012, answer due 10/17/2012. Service was accepted by Occupant who refused to give name. Service was made by (additional copy was mailed on 09/30/12). Document filed by Digital Sin, Inc.. (Meier, Mike)
2013-01-03 27 0 Affidavit of Service Complaints AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Service was accepted by Occupant who refused to give name. Service was made by (additional copy was mailed on 09/30/12). Document filed by Digital Sin, Inc.. (Meier, Mike)
2013-01-04 28 0 Certificate of Clerk CLERK'S CERTIFICATE OF DEFAULT as to Camille Edwards (jno)
2013-01-06 29 0 Status Report STATUS REPORT. (and request to adjourn initial pretrial conference scheduled for 1/18/13) Document filed by Digital Sin, Inc.. (Attachments: # (1) Appendix Proof of mailing)(Meier, Mike)
2013-01-09 30 0 Order to Show Cause ORDER TO SHOW CAUSE FOR ENTRY OF DEFAULT JUDGMENT: Defendant Camille Edwards shall show cause as to why default should not be entered against Defendant pursuant to Fed. R. Civ. P. 55 and Local Rules 55.1 and 55.2 due to Defendant's failure to plead or otherwise defend this action. Show Cause Hearing set for 2/14/2013 at 04:00 PM in Courtroom 906, United States Courthouse, 40 Foley Sq., New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 1/9/2013) (ft) Modified on 1/10/2013 (ft).
2013-01-09 31 0 Memo Endorsement MEMO ENDORSEMENT on [29] Status Report filed by Digital Sin, Inc. In light of the hearing that has been scheduled to address a default judgment, the initial pretrial conference scheduled for 1/18/13 is adjourned sine die. (Signed by Judge Alison J. Nathan on 1/9/2013) (ft) Modified on 1/10/2013 (ft).
2013-01-24 32 0 Affidavit of Service Other AFFIDAVIT OF SERVICE of Show Cause Order and supporting documents served on C.E. on 01/11/2013. Service was accepted by "Left at Door" by Process Server. Service was made by (additional copy was mailed on 01/11/13). Document filed by Digital Sin, Inc.. (Attachments: # (1) Appendix, # (2) Appendix, # (3) Appendix, # (4) Appendix, # (5) Appendix, # (6) Appendix, # (7) Appendix)(Meier, Mike)
2013-01-28 33 0 Affidavit in Opposition AFFIDAVIT of Camille Edwards IN OPPOSTION TO ORDER TO SHOW CAUSE FOR ENTRY OF DEFAULT JUDGMENT re: [30] Order to Show Cause. Document filed by John Doe 25(Camille Edwards). (sc)
2013-01-28 34 0 Motion for Miscellaneous Relief APPLICATION TO HAVE NAME STRICKEN FROM CAPTION. Plaintiff requests that the Court have the name, Camille Edwards, removed from the case caption and returned to John Doe. Document filed by John Doe 25.(sc) Modified on 1/29/2013 (sc).
2013-01-31 35 0 Memo Endorsement MEMO ENDORSEMENT on re: [34] MOTION to have the name, Camille Edwards, removed from the case caption and returned to John Doe filed by John Doe 25. ENDORSEMENT: Plaintiff shall respond to this application by 2/1/13. SO ORDERED. Set Deadlines/Hearing as to [34] MOTION to have the name, Camille Edwards, removed from the case caption and returned to John Doe: (Responses due by 2/1/2013) (Signed by Judge Alison J. Nathan on 1/31/2013) (tro)
2013-02-01 36 0 Response RESPONSE re: [34] MOTION to have the name, Camille Edwards, removed from the case caption and returned to John Doe., [35] Memo Endorsement, Set Motion and R&R Deadlines/Hearings,,. Document filed by Digital Sin, Inc.. (Meier, Mike)
2013-02-04 37 0 Notice of Voluntary Dismissal NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) John Doe 25. Document filed by Digital Sin, Inc.. (Meier, Mike)
2013-02-05 38 0 Notice of Voluntary Dismissal - Signed NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) AND FINAL STATUS REPORT. Plaintiff dismisses without prejudice the last remaining Doe defendant (C.E.) from the above identified action pursuant to Fed. R. Civ. P. 41(a). Thus, with this filing, all defendants have now been dismissed without prejudice and no defendants remain in this case. ENDORSEMENT: The show cause hearing scheduled for 2/14/2013 is adjourned as moot. The Clerk of Court is directed to close this case. Any pending motions are moot. So ordered. (Signed by Judge Alison J. Nathan on 2/5/2013). (rjm)